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HomeMy WebLinkAboutRes No 2672PLANNING COMMISSION RESOLUTION NO. 2672 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW LEXURIOUS AUTO SALES TO DISPLAY TWO AUTOMOBILES OUTDOORS WITHIN THE PARKING LOT FOR SALE PURPOSES LOCATED AT 74-794 42ND AVENUE, SUITE 3 CASE NO: CUP 16-122 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of July, 2016, hold a duly noticed public hearing to consider the request by Lexurious Auto Sales/Julie Fleischman, for approval of the above noted project request; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental. Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the proposed project request is categorically exempt under Article 19 Section 15311 Accessory Structures Projects (Class 11) of the CEQA; therefore, no further environmental review is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report reasons to approve said request: FINDINGS FOR APPROVAL: 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The site is located within the Service Industrial (S.I.) zoning district. The purpose of the S.I. zoning district allows for the manufacture, distribution, outdoor automobile sales, and service of products intended for use with the City and uses that are consistent with the residential, resort, and recreational character of the community. The existing building was constructed in 2007 and approved for office and warehouse uses. The proposal to display two cars for outdoor sales within the shaded parking lot requires a Conditional Use Permit (CUP) for land use compatibility and parking demand. It can be determined that the approval of this CUP is consistent with the existing surrounding land uses and with the on - site parking demand. The building also conforms to all development standards contained in the zoning ordinance. The proposed type of business conducted at this site will be compatible with the surrounding businesses. PLANNING COMMISSION RESOLUTION NO. 2672 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed conditional use is adjacent to properties with similar land uses. The site, which was improved with buildings and a parking lot, was originally constructed in 2007, and has operated with various office and warehouse uses. The proposed project to display two automobiles outdoors within the applicant's assigned parking spaces for sale purposes complies with the zoning code, and all building, life safety and environmental standards No new building and site improvements are necessary since the site complies with the Americans with Disabilities Act (ADA). Therefore, the conditional use, will not be detrimental to public health, safety, or welfare. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed conditional use complies with all applicable development standards for building setbacks and height restrictions, and operational standards contained in the zoning code. Based on the parking study, staff believes that there is adequate parking available, and the use will not create a public nuisance. The proposed use does not require approval of any variances or adjustment. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The General Plan Land Use designation for the site is "Industrial -Business Park (I-B.P.)." The Business Park provides for a flexible mix of office, service commercial, light manufacturing uses ranging from professional and medical offices to limited retail sales including restaurants. The proposed business will be geared towards clientele in the area and outside of the Coachella Valley. A primary objective stated in the Land Use Element of the General Plan under Industrial Goals, Policies and Programs is Goal 1, which provides for the development of business parks and non-polluting industrial uses, and which assures compatible integration with other, non -industrial land uses. Policy 68 of the General Plan Land Use Element is to review all business park/industrial development proposals with a special regard for public health and safety issues to ensure that the type and intensity of the use is appropriate for the proposed location and comparative with surrounding land uses. The non -industrial use of outdoor automobile sales is a non-polluting use and offers the City to expand its business portfolio to residents and tourist. The proposed use will be using the same built improvements, rather than constructing new ones that would be used a small percentage of time. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan in respect to the appropriate use of the proposed location. The business is compatible with surrounding land uses. 2 PLANNING COMMISSION RESOLUTION NO. 2672 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve the project as proposed, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 5th day of July, 2016, by the following vote, to wit: AYES: DE LUNA, GREGORY, GREENWOOD, GREGORY, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RYAN STENDELL, ECRETARY PALM DESERT P ANNING COMMISSION EENWOO ', CHA ' PERSO 3 PLANNING COMMISSION RESOLUTION NO. 2672 CONDITIONS OF APPROVAL CASE NO: CUP 16-122 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Building and Safety Department Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 4. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the city at applicant's expense. 5. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 6. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals. 7. The business shall not display more than two automobiles outdoors for sale within the parking lot. 8. The automobiles for sale outdoor must be parked within the two dedicated parking spaces. 9. Each car shall be limited one sale/price sign displayed inside the vehicle on the dashboard. 4